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08-02-2019, 08:17 AM
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Join Date: May 2016
Location: Parkland County
Posts: 2,371
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Question about items left in house after closing date
Hey everyone. My parents recently purchased a house. Process was fine and normal. Two days prior to closing date, I went with them to check out the place, house was about fully barren except a few TVs, a pool table, and some other random objects. All good, no problem. Their realtor informs them that the pool table was not written into the contract.
On day of possession, the TVs and the other stuff is gone, but the pool table is still there. It’s in the basement and is a real high end table made out solid wood with a slate top. Looks like it’s basically never been used either, none of the balls even have markings and the chalks are nearly unused. The previous owner of the house gets in contact with my parents and says she wants $3000 extra for the pool table. At this point, I assume she is essentially just trying to extort some extra cash out of my parents, because clearly they never used the table, and it would probably cost upwards of $500 to hire a mover to come move this behemoth out of the basement. And if she wanted the table so bad, she should have gotten it moved with the rest of her stuff, or been in contact with my parents about purchasing it for extra prior to the closing date.
My parents in an attempt to be reasonable say we’ll give you a $1000 for it. The PO say nope, price is firm $3k, so my parents tell her well hire a mover and get this thing out of our house ASAP. She basically says whatever have a good night.
However, I am now wondering about how closing dates work on houses for items left on the property that are not fixtures but chattels. If she clearly moved everything else but left that, on closing date the property is now my parents. Does this include everything on the property? Not looking for free legal advice but maybe just some opinions before my parents even bother to talk to a lawyer. They like the pool table but also don’t care too much. I honestly think they should just block contact with the PO. What is the worst that happens? She sues in small claims? The judge orders “ok, give her the pool table”, and no real worse for wear after.
__________________
And unlike the clock on the wall at your momma house, I do not have time to hang.
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08-02-2019, 08:32 AM
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Moderator
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Join Date: Feb 2015
Posts: 7,595
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I believe if it's left in the house, and the closing date has passed, it's technically theirs. I would think reasonable people would be willing to discuss it "sorry, things have been really hectic, can I leave the table in there an extra two days and come get it on Saturday" type thing. It would appear that isn't how she is handling it though. I wouldn't give any money for it as it's likely staying there, unless your parents move it.
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08-02-2019, 08:37 AM
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Banned
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Join Date: Jan 2010
Location: West of the 5th
Posts: 954
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Storage fee is 50$ a day
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08-02-2019, 09:59 AM
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Join Date: Aug 2007
Location: Calgary
Posts: 19,417
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Quote:
Originally Posted by trophybook
Storage fee is 50$ a day
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This, except the rate is $200. Its presence is blocking their ability to enjoy their home. It interfered with their move in and they cannot use the room for their intended purpose.
The sellers haven't got a leg to stand on. They also had all the time in the world to move or sell it. If their tactic was legal you could abandon a car on their new front lawn and force them to pay any price that you dictate for it.
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"The trouble with people idiot-proofing things, is the resulting evolution of the idiot." Me
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08-02-2019, 10:56 AM
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Join Date: Dec 2008
Location: Alberta
Posts: 24,072
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Next she will be demanding money for light fixtures, door knobs, carpet.
Tell them to stand their ground. Do not give a penny. If they want it gone have a mover break it down, package it up and deliver to her at her cost.
__________________
Only dead fish go with the flow. The rest use their brains in life.
Originally Posted by Twisted Canuck
I wasn't thinking far enough ahead for an outcome, I was ranting. By definition, a rant doesn't imply much forethought.....
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08-02-2019, 11:00 AM
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Join Date: May 2011
Location: Edmonton
Posts: 1,457
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In case you havnt thought of it. Get all the locks changed. Sounds like the previous owner is a bit shady. I wouldnt trust her at all.
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08-02-2019, 11:05 AM
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Join Date: Mar 2009
Location: Edmonton
Posts: 9,650
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Quote:
Originally Posted by trophybook
Storage fee is 50$ a day
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Like. Fair play considering they left it behind and tried to get big bucks for it.
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08-02-2019, 08:41 AM
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Join Date: May 2007
Posts: 3,922
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Did your Parents give the Seller and their Real Estate Agent written notice that the Pool Table has been left behind?
Did your Parents say in their written notice that they refuse to act as "Bailees" for the Vendor's property, and all risk of damage and loss is assumed by the Vendor?
Did your Parents say in their written notice that they are charging $20 a day storage from X date forward on a "Licence to use the storage Space"?
Did your Parents say in their written notice that after 30 days without payment of the Licence, that the goods will be deemed abandonded?
There is a difference between Real Property and Chattels identified in the Contract, and Personal Property not in transferred under the Agreement.
Anyways, just asking Questions.
Drewski
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08-02-2019, 08:35 AM
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Join Date: Jul 2016
Posts: 3,377
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fixed it for you
Quote:
Originally Posted by jstubbs
My parents in an attempt to be reasonable say we’ll give you a $1000 for it. The POS say nope, price is firm $3k, so my parents tell her well hire a mover and get this thing out of our house ASAP. She basically says whatever have a good night.
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This is an obvious attempt to guilt your parents in to paying for an item that was never agreed to in the contract. Do not reward this disgusting behaviour.
__________________
“One of the sad signs of our times is that we have demonized those who produce, subsidized those who refuse to produce, and canonized those who complain.” - Thomas Sowell
“We seem to be getting closer and closer to a situation where nobody is responsible for what they did but we are all responsible for what somebody else did.”- Thomas Sowell
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08-02-2019, 08:41 AM
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Join Date: Sep 2008
Location: NW Calgary
Posts: 2,785
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Disregard my post. Trust the lawyer! haha
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08-02-2019, 09:19 AM
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Join Date: Jan 2012
Location: 204
Posts: 5,397
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Talk to your realtor.
Won't be the first time they've come across it.
__________________
"I like to quote my own quotes" ~ Dewey Cox
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08-02-2019, 09:50 AM
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Join Date: Feb 2010
Location: Red Deer
Posts: 2,620
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We went through the same sort of thing about 10 years ago, When we got pocession of the house the former owners were still moving out we said ok you got till 4 pm, when that time came around we said ok 7 pm as they were moving to Saskatchewan. So 7 comes around they were still there, then we told them the locks are going to be changed in 1 hour. by that time they left with their U haul and left tons of stuff behind. I moved all the stuff to the garden shed and contacted them numerous times eventually they got nasty with me and called the cops and told the cops that I stole their stuff , I spoke with a lawyer and he said send them a register letter where they have to sign for. The letter got refused at their post office so it got send back. So they refused to pick up the stuff and this was 3 months later so we had a garage sale and sold most of the stuff, they had left new bicycles, power tools, weed whackers, mower. etc. So Document everything, like all correspondents, talk to a lawyer, send them an registered letter stating that the item has to be removed with in a certain time period. If they don't follow up yo got your self a nice pool table.
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08-02-2019, 09:38 AM
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Join Date: May 2007
Location: Central Alberta
Posts: 21,399
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Quote:
Originally Posted by urban rednek
This is an obvious attempt to guilt your parents in to paying for an item that was never agreed to in the contract. Do not reward this disgusting behaviour.
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I know of pool tables installed in the house, under construction. impossible to get them out when time came to move.
Grizz
__________________
"Indeed, no human being has yet lived under conditions which, considering the prevailing climates of the past, can be regarded as normal."
John E. Pfeiffer The Emergence of Man
written in 1969
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08-02-2019, 08:40 AM
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Join Date: Apr 2009
Location: edmonton
Posts: 3,116
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That does the paperwork say? Generally there are terms and conditions that must be met. If your paperwork says something to the effect of "property and remaining all items contained within" then the table belongs to the new owner at the time of the legal closing date. If there is no clause then technically you have to wait for the required waiting period for said property to be considered abandoned. Generally its 30 days but can vary.
You might want to read through this
http://www.qp.alberta.ca/documents/Acts/U01P5.pdf
Your best bet would be to send a written notification to the previous owner via registered mail requiring a delivery signature demanding that the pool table and all accessories be removed by a certain date or they will be considered to be abandoned and at that time become the property of the new owners. I would also be in contact with bylaw to inform them that you have reason to believe the PO is trying to extort your parents and request they get involved.
Lastly when your parents bought the house they must have had a lawyer involved so perhaps talk to them about it.
__________________
" Everything in life that I enjoy is either illegal, immoral, fattening or causes cancer!"
"The problem was this little thing called the government and laws."
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08-02-2019, 08:40 AM
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Join Date: Mar 2013
Location: Back in the Kootenays!
Posts: 637
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Your parents tried to be reasonable and it sounds like this woman is a real POS. Time to tell her to pound pavement, sell the table and take a nice vacation.
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08-02-2019, 05:27 PM
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Join Date: May 2010
Posts: 580
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we had a similar incident but it was a heavy big tv that belonged to renters. The real estate agent said it was now ours to do with as we pleased. I got hold of the young lad eventually and helped him hump it out of the basement to his truck, it was heavy and awkward and I threw my back out a few days prior so I really wasn't keen on helping him, but he couldn't get any helpers. In the end it was all good, but we could have kept it if we wanted to
Sent from my SM-G975W using Tapatalk
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08-02-2019, 09:24 PM
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Join Date: Feb 2012
Location: Edmonton (shudder)
Posts: 4,591
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Can they provide proof of ownership and the S/N? Otherwise your parents had it moved in with the rest of their property.
I suppose the mayo in the fridge, La-Z-Boy, weed wacker, gun-safe and blue jeans were the old homeowners too. They don’t have a leg to stand on.
Enjoy the new pool table, have tournament with family/friends.
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08-02-2019, 09:31 PM
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Join Date: Sep 2010
Location: Vulcan Ab
Posts: 3,871
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What pool table?
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"It's like bragging that it's 10 CENTIMETERS LONG! (when really, it's 4" dude, settle down)"
Huntinstuff
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norwestalta
.....out of bounds.....but funny none the less!
LC
"Funny how when a bear eats another bear, no one bats an eye, but......
when a human eats another human, people act like it's the end if the friggin world. News coverage, tweets, blogs, outrage, Piers Morgan etcetc.
Go figure." -Huntinstuff
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08-22-2019, 07:53 PM
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Join Date: May 2016
Location: Parkland County
Posts: 2,371
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How about this for sweet justice and conclusion to the story:
So the lady wouldn’t budge on price and my parents are good folks so they say alright pick up the pool table—we at this point just don’t care. So the PO hires movers for the $800 or whatever the cost is and they take the pool table. My dad notices once the movers are gone that there were round holes cut in the flooring for the pool table legs from when it was installed. I don’t know the exact type of flooring that but they had a friend come by who operates one of the largest flooring sales and install companies in Edmonton and he says, basically you’re going to have to replace ALL the flooring in the entire basement and basement stairs to rectify this properly, as the type of flooring to match is no longer sold. Says it’d be easily a $20,000+ job.
So my parent’s realtor and the PO’s realtor talk and basically now the PO has two choices: pay to have the pool table to be put back into the basement (including all reassembly) or pay for new flooring in the entire basement of the house.
__________________
And unlike the clock on the wall at your momma house, I do not have time to hang.
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08-22-2019, 08:40 PM
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Join Date: Apr 2018
Location: Calgary
Posts: 1,814
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Quote:
Originally Posted by jstubbs
How about this for sweet justice and conclusion to the story:
So the lady wouldn’t budge on price and my parents are good folks so they say alright pick up the pool table—we at this point just don’t care. So the PO hires movers for the $800 or whatever the cost is and they take the pool table. My dad notices once the movers are gone that there were round holes cut in the flooring for the pool table legs from when it was installed. I don’t know the exact type of flooring that but they had a friend come by who operates one of the largest flooring sales and install companies in Edmonton and he says, basically you’re going to have to replace ALL the flooring in the entire basement and basement stairs to rectify this properly, as the type of flooring to match is no longer sold. Says it’d be easily a $20,000+ job.
So my parent’s realtor and the PO’s realtor talk and basically now the PO has two choices: pay to have the pool table to be put back into the basement (including all reassembly) or pay for new flooring in the entire basement of the house.
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The story keeps getting better. Let us knw how it ends!
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08-23-2019, 06:59 AM
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Join Date: Jan 2010
Location: Edmonton
Posts: 6,470
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Should have had a lawyer in on the sale. Ask the Lawyer.
__________________
Kim
Gonna get me a 16" perch.
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08-24-2019, 09:33 AM
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Join Date: Mar 2008
Posts: 2,072
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Quote:
Originally Posted by jstubbs
How about this for sweet justice and conclusion to the story:
So the lady wouldn’t budge on price and my parents are good folks so they say alright pick up the pool table—we at this point just don’t care. So the PO hires movers for the $800 or whatever the cost is and they take the pool table. My dad notices once the movers are gone that there were round holes cut in the flooring for the pool table legs from when it was installed. I don’t know the exact type of flooring that but they had a friend come by who operates one of the largest flooring sales and install companies in Edmonton and he says, basically you’re going to have to replace ALL the flooring in the entire basement and basement stairs to rectify this properly, as the type of flooring to match is no longer sold. Says it’d be easily a $20,000+ job.
So my parent’s realtor and the PO’s realtor talk and basically now the PO has two choices: pay to have the pool table to be put back into the basement (including all reassembly) or pay for new flooring in the entire basement of the house.
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That doesn’t sound good at all. Down the road if your parents go to sell the house they will have to replace the 20k floor if the new owners don’t want a pool table.
When I bought my place they offered a nice table for 1k then 500 then free. I didn’t want a pool table in my basement though.
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08-25-2019, 03:26 PM
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Join Date: Jan 2008
Location: Calgary Perchdance
Posts: 18,776
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Quote:
Originally Posted by jstubbs
Hey everyone. My parents recently purchased a house. Process was fine and normal. Two days prior to closing date, I went with them to check out the place, house was about fully barren except a few TVs, a pool table, and some other random objects. All good, no problem. Their realtor informs them that the pool table was not written into the contract.
On day of possession, the TVs and the other stuff is gone, but the pool table is still there. It’s in the basement and is a real high end table made out solid wood with a slate top. Looks like it’s basically never been used either, none of the balls even have markings and the chalks are nearly unused. The previous owner of the house gets in contact with my parents and says she wants $3000 extra for the pool table. At this point, I assume she is essentially just trying to extort some extra cash out of my parents, because clearly they never used the table, and it would probably cost upwards of $500 to hire a mover to come move this behemoth out of the basement. And if she wanted the table so bad, she should have gotten it moved with the rest of her stuff, or been in contact with my parents about purchasing it for extra prior to the closing date.
My parents in an attempt to be reasonable say we’ll give you a $1000 for it. The PO say nope, price is firm $3k, so my parents tell her well hire a mover and get this thing out of our house ASAP. She basically says whatever have a good night.
However, I am now wondering about how closing dates work on houses for items left on the property that are not fixtures but chattels. If she clearly moved everything else but left that, on closing date the property is now my parents. Does this include everything on the property? Not looking for free legal advice but maybe just some opinions before my parents even bother to talk to a lawyer. They like the pool table but also don’t care too much. I honestly think they should just block contact with the PO. What is the worst that happens? She sues in small claims? The judge orders “ok, give her the pool table”, and no real worse for wear after.
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Ask the realtor. They will know exactly what your rights are. In this instance I would say keep it if in your right and you want it. If at closing you didn’t want it the realtor should of withheld some money to cover the removal and disposal.
In a house I bought I found a stack of Canada savings bonds stuck way in the back of a closet shelf in a kids bedroo. Clearly from grandma and grandpa.
I knew where they moved too and took it over even though I could of sold them myself. Karma...even though they left a bunch of junk in the garage I needed to clean out.
__________________
It is not the most intellectual of the species that survives; it is not the strongest that survives; but the species that survives is the one that is able best to adapt and adjust to the changing environment in which it finds itself. Charles Darwin
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08-25-2019, 05:53 PM
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Banned
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Join Date: Nov 2015
Posts: 1,006
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sundance- you must have missed Jamie's post who said it's not the realtors job to sort out. In case you didnt know he is a realtor.
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08-25-2019, 06:50 PM
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Join Date: Jan 2008
Location: Calgary Perchdance
Posts: 18,776
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Quote:
Originally Posted by R3illy
sundance- you must have missed Jamie's post who said it's not the realtors job to sort out. In case you didnt know he is a realtor.
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My point is a realtor must know the law. Did I miss a post where someone confirmed who legally owns the pool table after possession?
I would say a good realtor will talk to the other realtor and firstly ensure at the possession day these issues are well understood and deal with these questions from the buyer and ensure no loose ends.
A lack of feedback from the buyers realtor would be troubling.
Yes...in a fight the courts would decide however if the realtor didn’t do their job they are also liable for a damage claim and professional reprocusssions. There is a reason realtors run adds about needing a realtor...hopefully it isn’t bunk.
Sun
__________________
It is not the most intellectual of the species that survives; it is not the strongest that survives; but the species that survives is the one that is able best to adapt and adjust to the changing environment in which it finds itself. Charles Darwin
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